Motion to Censure

[Guest Caroline]

I've searched and can't find the answer to this: We regularly have a member who is disruptive at meetings, blurts out questions, doesn't like the answer he/she gets so rephrases the question, etc. So 2 questions:

When this happens again (and it will), and it is a matter of executive session for our board - not something to be discussed in general assembly - can our president say "I invite a motion to censure member x from further questions on this topic?"

If yes (and I know a motion would require a second), since member x is the subject of the motion, can he/she participate in discussion on the motion?

[Gary Novosielski]

Even if you pass it, a motion to censure cannot remove the fundamental rights of a member such as making motions, participating in debate, and voting.  A member should not vote on a matter such as this, but there is no strict prohibition against it.

But if any member is disrupting the meeting, that can be dealt with directly.  When is X asking these questions?  During committee reports? During debate? Out of the blue? Do they have the floor at the time?  If not, they should be called to order by the chair.  If a question has been asked and answered, the chair does not have to allow repetitions of the same question, and can proceed to recognize someone else.  Has the person being called upon to answer actually yielded for the question in the first place?

Without more detail it's hard to comment further.  But breaches of decorum by members in a meeting need not be tolerated, and speaking without recognition is a breach of decorum.  For  principles governing discipline at meetings, refer to RONR (12th ed.) 65:1.

It sounds like what's needed is a chair who knows the rules and keeps order.  A motion to censure won't accomplish much except to express displeasure.

Edited September 7, 2022 at 04:37 PM by Gary Novosielski

[Weldon Merritt]

On 9/7/2022 at 10:36 AM, Gary Novosielski said:

A motion to censure won't accomplish much except to express displeasure.

And more specifically, to reemphasize the point, it won't stop "further questions on this topic." Only proper enforcement of the rules will do that.

[Josh Martin]

On 9/7/2022 at 7:06 AM, Guest Caroline said:

When this happens again (and it will), and it is a matter of executive session for our board - not something to be discussed in general assembly - can our president say "I invite a motion to censure member x from further questions on this topic?"

Sure, but that won't do what you think it does. You seem to be confusing the words "censure" and "censor." The word "censure" simply means to express the assembly's disapproval.

Nonetheless, I understand your ultimate question to be "If a member is disruptive during a meeting, can the assembly adopt a motion preventing the member from speaking for the duration of the meeting (or a portion thereof)?" The answer is yes. (RONR does not specifically discuss applying such a penalty only to a particular topic, but I see no reason why this could not be done.) I would instead word the motion as "I move that the penalty shall be that the member not be permitted to speak to this topic for the duration of the meeting."

"If the member obeys at this point, the matter can be dropped or not, as the assembly chooses. The case may be sufficiently resolved by an apology or a withdrawal of objectionable statements or remarks by the offender; but if not, any member can move to order a penalty, or the chair can first ask, “What penalty shall be imposed on the member?” A motion offered in a case of this kind can propose, for example, that the offender be required to make an apology, that he be censured, that he be required to leave the hall during the remainder of the meeting or until he is prepared to apologize, that his rights of membership be suspended for a time, or that he be expelled from the organization." RONR (12th ed.) 61:15

On 9/7/2022 at 7:06 AM, Guest Caroline said:

If yes (and I know a motion would require a second), since member x is the subject of the motion, can he/she participate in discussion on the motion?

Yes, however, if the member's behavior is so disruptive that this is a concern, the assembly may order the member to leave during consideration of the motion - although the member must be permitted to present his defense briefly first.

"The offending member can be required to leave the hall during the consideration of his penalty, but he must be allowed to present his defense briefly first. A motion to require the member’s departure during consideration of the penalty—which may be assumed by the chair if he thinks it appropriate—is undebatable, is unamendable, and requires a majority vote." RONR (12th ed.) 61:16

It should be noted, however, that there are procedures for discipline of members. These procedures are carefully balanced to protect the rights of the assembly and of the accused. The steps outlined above are the last steps in those processes. While the procedures are abbreviated in the case of offenses occurring during a meeting, there are still steps to be followed. I would advise reading RONR (12th ed.) 61:6-18 thoroughly before proceeding.

Edited September 7, 2022 at 06:02 PM by Josh Martin